Employer Liability for Mobile Devices and Continuous Connectivity
Avoiding Legal Pitfalls: Wage and Hour, Harassment and Personal Injury Claims
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, September 15, 2009
Recorded event now available
This seminar will examine the wage and hour, harassment, safety and privacy liability issues that are emerging for employers due to employees' constant connectivity to the workplace through mobile devices and will outline best practices for minimizing the employer's liability.
Description
As technology advances, employees have continual access to a virtual workplace. Employees and employers rely on employer-supplied laptops, Blackberries®, PDAs, smart phones, cell phones and remote access to keep them connected to their work outside the office, on nights, and on weekends.
Employers face new liability risks on wage and hour issues, confidentiality breaches, inappropriate use of equipment, and safety concerns. Is a connected employee ever "off the clock"? When are employers liable for accidents caused by workers distracted when using work cell phones and PDAs?
The benefits—and risks—of the new ability for constant work connectivity demands that employers and their counsel re-examine all policies and procedures regarding employees' use of these technologies.
Listen as our authoritative panel of employment attorneys discusses the legal risks and liabilities for employers who require, encourage or even just allow employees to use mobile devices to stay connected to work. The panel will outline best practices for counsel to minimize employer liability.
Outline
- Wage and hour/FLSA
- Exposure for overtime and record-keeping liabilities
- Compensable time for non-exempt employees’ use of mobile devices
- Deducting pay for loss of employer-issued tool may jeopardize employee’s status
- Lessons learned and best practices
- Harassment/inappropriate use
- Legal risks
- Establishing and implementing policies
- Training
- Monitoring
- Lessons learned
- Safety
- Legal risks
- Establishing and implementing policies
- Monitoring
- Court treatment and lessons learned
- Privacy/security concerns—monitoring employee use of technology
- How to protect confidential communications and information
- Legal restrictions on employer monitoring—the Electronic Communication Privacy Act
- Best practices—an effective technology program
- Company response—if sensitive information is lost or stolen
Benefits
The panel will review these and other key questions:
- What are the legal risks for employers who encourage—or just allow—employees to have constant access to the workplace?
- What are the key attributes of an effective policy to govern employees' use of mobile technology?
- What steps can companies and counsel take to minimize liability for employees' use of laptops, cell phones, PDAs, and remote access?
Faculty
Alexander J. Passantino,
Partner
Jackson Lewis, Reston, Va.
He joined the firm in 2009 following his service as Acting Administrator of the U.S. Department of Labor’s Wage and Hour Division, where he led the agency responsible for interpreting and enforcing the federal wage and hour laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, the Davis-Bacon Act, the Service Contract Act, and numerous other federal statutes.
Daniel J. McCoy,
Partner
Fenwick & West, Mountain View, Calif.
His practice emphasizes employment litigation and counseling for employers. He defends employers in wage and hour class actions, trade secret disputes, employee mobility disputes, claims for sexual harassment, discrimination, breach of contract, union disputes, and many other causes of action in both state and federal courts.
Lee Schreter,
Shareholder
Littler Mendelson, Atlanta
She represents employers in class and collective actions involving overtime and other wage-related claims. She specializes in assisting employers in developing forward thinking compliance measures. She is an editor and contributing author to the “Fair Labor Standards Act” published by the American Bar Association and is a frequent speaker before industry and trade associations.
Ordering
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CLE:
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Includes full event recording plus handouts (available after live seminar).
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Customer Reviews
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Jessica Brown
Gibson Dunn
The seminar was very well-organized, managed excellently and informative.
Julia Szadkowski
Equifax Canada Inc.
The subject matter presented was very relevant to my practice.
Nineveh Alkhas
Neal, Gerber & Eisenberg
The CLE covered exactly what was advertised and it was geared to a person with my practice background and level of expertise.
Aliza Organick
Washburn University School of Law
I liked the practical insights, particularly when tied to cases the presenters had worked on.
Michael Gray
Kohler Co.
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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